Could Netflix's Deal for Warner Bros. Fall Apart?

While Netflix hopes to buy Warner Bros. Discovery for $72 billion, CNBC reports a senior official in America's federal government said the administration was viewing the deal with 'heavy skepticism. And that's not the only hurdle:

On Thursday, The Wall Street Journal reported that Paramount, in a letter to lawyers for Warner Bros. Discovery [WBD], had warned that a sale to Netflix likely would 'never close' because of regulatory challenges in the United States and overseas. 'Acquiring Warner's streaming and studio assets 'will entrench and extend Netflix's global dominance in a matter not allowed by domestic or foreign competition laws,' Paramount's lawyers wrote,' the Journal reported.

Paramount 'is now weighing its options about whether to go straight to shareholders with one more improved bid,' CNBC reported Friday, 'perhaps even higher than the $30-per-share, all-cash offer it submitted to Warner Bros. Discovery this week.'

And CNBC reported Friday that the review by America's Department of Justice 'can take anywhere from months to more than a year.'
Netflix said Friday it expects the transaction to close in 12 to 18 months, after Warner Bros. Discovery spins out its portfolio of cable networks into Discovery Global... As part of the deal, Netflix has agreed to pay a $5.8 billion breakup fee to Warner Bros. Discovery if the deal were to get blocked by the government.

Netflix's planned move is already drawing high-powered criticism, reports CNN:

'The world's largest streaming company swallowing one of its biggest competitors is what antitrust laws were designed to prevent. The outcome would eliminate jobs, push down wages, worsen conditions for all entertainment workers, raise prices for consumers, and reduce the volume and diversity of content for all viewers....' the Writers Guild of America union representing Hollywood writers.
'Producers are rightfully concerned... Our legacy studios are more than content libraries — within their vaults are the character and culture of our nation.' — The Producers Guild of AmericaThe deal raises 'many serious questions' about the entertainment industry's future, 'especially the human creative talent whose livelihoods and careers depend on it.' — SAG-AFTRA, Hollywood's biggest actors union
'This is not a win for consumers. Netflix has already aggressively raised prices, increased ad load, and stopped people from sharing passwords. Absorbing a competitor with strong content will only lead to its service becoming more expensive and give consumers less choice.' — Ross Benes, a senior analyst at eMarketer, told CNN. [Benes also thinks this could mean fewer companies spending heavily on movies and TV shows. 'This contracts the industry.'

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